Draft bill 186.

Summary.

The draft bill addresses medical negligence through criminal provisions and patient safety measures. Its title announces amendments to the Criminal Code (código penal) and Law 68 of 2003 (ley 68 de 2003). In the identified articles, Art. 3 adds Article 137-B on death caused by medical negligence; the following articles provide for a sanctions register, an insurance obligation, commencement and implementing regulations.

Proposed Article 137-B prescribes a penalty for a health professional when a patient dies as a consequence of the conduct involving medical negligence described in the text. The prescribed sentence is imprisonment for eight (8) to fifteen (15) years, together with disqualification from practising the profession for up to twice the length of the sentence. The provision thus links criminal punishment to the patient’s death and adds a restriction on professional practice whose duration is determined by reference to the sentence imposed.

The same article includes a rule described as a special mitigating provision. It states that there shall be no criminal liability when the professional has duly followed official guidelines and medical protocols, unless gross negligence in their application is established. The rule therefore relates liability to the professional’s conduct in following those guidelines and protocols, while expressly addressing gross negligence in applying them.

Art. 4 creates the National Register of Sanctions for Medical Malpractice (Registro Nacional de Sanciones por Mala Praxis Médica) and places it under the Ministry of Health. Access to the register would be public and controlled. Art. 5 requires public and private facilities to guarantee professional liability insurance for physicians and healthcare personnel. These provisions concern, respectively, the administration of sanctions for medical malpractice and professional liability coverage for personnel working in health facilities.

Under Art. 6, the proposed law would take effect six (6) months after its promulgation. Art. 8 directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within no more than six months from promulgation. The Ministry of Health and the Executive Branch are the public authorities assigned roles in carrying out these measures. Based on its subject matter, the draft bill could concern or affect health professionals, healthcare personnel, patients, public and private health facilities, and insurers offering professional liability coverage.